Power of attorney, health care directive and guardianship in Arizona

Financial power of attorney in Arizona

Law and official form

Law

Powers of Attorney

Uniform Power of Attorney Act

No

Law: A.R.S. §§ 14-5501 to 14-5507

Signing rules

How to sign

Sign the power of attorney in front of a notary public and one qualified witness. You acknowledge it and the witness signs a sworn affidavit before the notary, who completes a certificate under seal. The statute gives the wording of this signing certificate. A financial power of attorney needs both the witness and the notary.

Who signs

Signed or marked by you, or signed in your name by another person in your conscious presence and at your direction.

Notary

Required

Witnesses

1

Who cannot witness

You need one witness. The witness cannot be your agent, the agent's spouse, the agent's children, or the notary public.

Law: A.R.S. § 14-5501(D)

Durable and springing

Is it durable?

A power of attorney is durable only if it contains words showing you want it to keep working if you later become disabled or incapacitated, such as 'This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time'.

Law: A.R.S. 14-5501(A)-(B)

Durable unless it says otherwise?

No: it continues after incapacity only if it says so.

Starting later (springing)

A durable power of attorney can say 'This power of attorney is effective on the disability or incapacity of the principal' or similar words. The statute does not set how incapacity is shown.

Law: A.R.S. 14-5501(B)(2)

What an agent can and cannot do

No power of attorney can

A person whose Arizona fiduciary license was suspended or revoked cannot serve as an agent unless related to you by blood, adoption or marriage, or the license has been reinstated. An agent who used intimidation or deception to get the power of attorney can be prosecuted and face civil penalties. A financial power of attorney does not give health care authority.

Law: A.R.S. 14-5501(F); A.R.S. 14-5506; A.R.S. 14-5507

Agent duties, pay and court review

Asking a court to review an agent

If a court appoints a conservator for you, your agent must account to the conservator as well as to you, and the conservator can revoke or amend the power of attorney.

Law: A.R.S. 14-5503(A)

When it ends and how to revoke it

It ends when

• You die (an agent or business acting in good faith without knowing of your death is protected)
• You revoke it
• The time the document sets for it to end
• You become incapacitated, if it is not durable
• A conservator revokes it (a conservator has the same power to revoke you would have)

How to revoke

Revoke it in writing. The Maricopa County Superior Court's revocation form is signed in front of a notary and a witness, like the power of attorney itself.

Telling others

The Maricopa County Superior Court instructions say to give a copy of the revocation to your agent and to every bank or business that may rely on the power of attorney. An agent or person who acts in good faith without actual knowledge that the power ended is protected; an agent's affidavit that they did not know of a revocation creates a presumption it was still in effect.

If it was recorded

If the power of attorney was recorded for real estate, record the revocation too (with the county recorder).

Law: A.R.S. §§ 14-5501, 14-5503, 14-5504, 14-5505; A.R.S. §§ 14-5504, 14-5505, 14-5506(C); Maricopa County Superior Court, Revocation of Power of Attorney instructions (GNPOAREV11i)

Banks, other states and real estate

Banks and other businesses

Arizona has no statute requiring a business to accept a power of attorney or penalizing a refusal. A person who in good faith deals with an agent is protected as if the agent properly used the power, even if the authority had ended.

Law: A.R.S. 14-5506(C)

Signed in another state

A power of attorney signed in another U.S. jurisdiction is valid in Arizona if it was validly signed where it was made.

Law: A.R.S. 14-5501(C)

Real estate

If the agent signs a recordable document, the agent's affidavit of non-revocation is also recordable. A power of attorney recorded for real estate purposes needs a recorded revocation.

Law: A.R.S. 14-5505(B)

Source: Maricopa County Superior Court instructions

Health care directive in Arizona

The document and its form

Document

Health Care Power of Attorney

Official form

Durable Health Care Power of Attorney (Life Care Planning packet; statutory sample at A.R.S. 36-3224)Published by Arizona Attorney General (Life Care Planning)Version: Updated 08/2026

You do not have to use it.

Living will

Living Will

The living will is a separate document.

A living will states your treatment wishes. You can make it part of your health care power of attorney or a separate document. A separate living will must be signed the same way as a health care power of attorney: notarized or witnessed by at least one qualified adult.

Living will

Law: A.R.S. §§ 36-3221, 36-3224; A.R.S. §§ 36-3261, 36-3262

Signing rules

How to sign

Date and sign the health care power of attorney, then have it either notarized or signed by at least one qualified adult witness who confirms you appeared of sound mind and free from duress. Changes to it must be signed the same way.

Who signs

Dated and signed or marked by you. If you physically cannot sign, the notary or each witness must note on the document that you directly told them the document expresses your wishes.

Notary

A notary or witnesses (your choice)

Witnesses

1 (instead of a notary)

Who cannot witness

The notary or witness cannot be anyone you name to make medical decisions for you, or anyone directly involved in your health care when you sign. If only one witness signs, that witness cannot be related to you by blood, marriage or adoption and cannot be entitled to any part of your estate.

Law: A.R.S. §§ 36-3221, 36-3222

Who can be your agent and what the agent can do

Who cannot be your agent

Any adult can be your health care agent. A person whose fiduciary license was suspended or revoked cannot serve unless related to you or reinstated. For a mental health care power of attorney, the agent cannot be someone directly involved in your health care when you sign.

Law: A.R.S. 36-3221(E); A.R.S. 36-3281(C)

When the agent starts

Your agent makes decisions while you are unable to make or communicate them. The statutory sample says it takes effect on your inability to make or communicate health care decisions. The appointment lasts until you or a court revoke it.

Law: A.R.S. 36-3223(A); A.R.S. 36-3224

Decisions an agent cannot make

Your agent's authority is limited only by the words of your health care power of attorney or a court order. A surrogate cannot consent to anything you could not lawfully consent to. A surrogate who is not your agent or guardian cannot consent to permanently withdrawing artificial food or fluid.

Law: A.R.S. 36-3223(B); A.R.S. 36-3203

Revoking and conflicting documents

Revoking your agent

You can revoke a health care directive or disqualify a surrogate by a written revocation or statement, by telling your surrogate or a health care provider out loud, by making a new directive, or by any other act that shows you mean to revoke it. A mental health care power of attorney has its own revocation rule.

Law: A.R.S. 36-3285

Revoking your instructions

A living will is revoked the same ways.

Telling others

Tell your agent and your health care providers. If you registered the directive, also update the Arizona Healthcare Directives Registry; failing to tell the registry does not undo a valid revocation.

Law: A.R.S. 36-3293

Law: A.R.S. §§ 36-3202, 36-3293

If you have no directive

Who decides without a directive

If you cannot make or communicate decisions and have no agent or guardian, the provider must try to reach these people in order. If none can be found, your attending physician may decide after consulting an ethics committee or, if that is not possible, a second physician who agrees.

1. Court-appointed guardian with health care authority (or your health care agent, if you have one)
2. Spouse, unless legally separated
3. Adult child (a majority of available adult children if more than one)
4. Parent
5. Domestic partner, if you are unmarried
6. Brother or sister
7. Close friend who has shown special care and concern and knows your health care views

Law: A.R.S. § 36-3231

Other states, registry and medical orders

Signed in another state

A health care directive made in another U.S. state, district or territory is valid in Arizona if it was valid where and when it was made, to the extent it does not conflict with Arizona criminal law.

Law: A.R.S. 36-3208

Registry

Arizona Healthcare Directives Registry (AzHDR), operated by Health Current for the Arizona Department of Health Services

Fee: Free (AzHDR registration agreement)

POLST (medical orders)

POLST (Physician Orders for Life-Sustaining Treatment), national form, Arizona version; separately, the orange Prehospital Medical Care Directive (Do Not Resuscitate)

Official page

Mental health directive

Arizona has a separate mental health care power of attorney. It must be in writing, dated and signed, and notarized or witnessed by at least one adult. Each paragraph that lets your agent admit you to an inpatient psychiatric facility must be separately initialed. Without one, your health care agent can make mental health decisions with some limits.

Law: A.R.S. 36-3281, 36-3282

Law: A.R.S. §§ 36-3291 to 36-3295

Guardianship and conservatorship in Arizona

What guardianship or conservatorship is

What it is called

Guardian (general or limited), temporary guardian, conservator, temporary conservator

When a court may appoint one

An incapacitated person is someone who, because of mental illness, disability, chronic drug use or other cause, lacks enough understanding or capacity to make or communicate responsible decisions about their person. The court may appoint a general or limited guardian only if it finds by clear and convincing evidence that the person is incapacitated, the appointment is necessary, and the needs cannot be met by less restrictive means, including technology. A petition for general guardianship must explain why a limited guardianship is not appropriate.

Kinds

• General guardianship
• Limited guardianship
• Temporary guardianship (emergency)
• Conservatorship and other protective orders
• Temporary conservatorship

Law: A.R.S. §§ 14-5101, 14-5303, 14-5304, 14-5310, 14-5311

Who can ask, which court and your own choice

Who may ask

The person themselves or any person interested in their affairs or welfare.

Court

Superior court (probate) in the county where the person lives.

Choosing your own

You can nominate a guardian or conservator in your durable power of attorney or health care power of attorney. The person named in your most recent one is third in the court's order of priority.

Law: A.R.S. 14-5311, 14-5503(B)

Effect on a power of attorney

A conservator has the same power to revoke or amend your financial power of attorney that you would have, and your agent must account to the conservator. A guardian appointed for health care decisions acts as your surrogate instead of your health care agent.

Law: A.R.S. 14-5503(A); A.R.S. 36-3231

Cost, fee waiver and forms

Filing fee

$191 state filing fee for a petition to appoint a guardian, and $191 for a petition to appoint a conservator (superior court fee schedule effective December 28, 2024); courts may add local fees.

Fee waiver

You can apply to the court for a fee waiver or deferral (Arizona Judicial Branch, Fee Waiver and Deferral).

Steps

Steps

Other options and where to report abuse

Supported decision-making

Supported decision-making agreements

Effective October 30, 2023

An adult with a disability can choose a supporter to help them understand options, get records, and communicate their own decisions. The supporter does not make decisions, cannot sign legal documents for you, and cannot be paid. The agreement lasts until either side ends it in writing, you are found incapacitated, or a guardian is appointed.

Signed by you and your supporter in front of two or more adult witnesses, or a notary public. The statute gives the agreement form.

Source: Official text

Less restrictive options

• Health care power of attorney and living will: Name a health care agent and give treatment instructions; free forms from the Attorney General.
• Mental health care power of attorney: Name an agent for mental health treatment decisions.
• Supported decision-making agreement: A supporter helps an adult with a disability make and communicate their own decisions.
• Limited guardianship: The court gives the guardian only the specific powers the person needs.

Report abuse or exploitation

Arizona Department of Economic Security, Adult Protective Services · 1-877-767-2385

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Law: A.R.S. §§ 14-5721, 14-5722; Laws 2023, ch. 195 (SB 1291), approved June 20, 2023

Good to know in Arizona

• A financial power of attorney needs both a notary and one witness; the witness cannot be the agent, the agent's spouse or children, or the notary.

  Law: A.R.S. 14-5501(D)

• A health care power of attorney needs only a notary or one adult witness, not both.

  Law: A.R.S. 36-3221

• Arizona's health care directive registry is free and run for the Department of Health Services, not the Secretary of State (A.R.S. 36-3291; AzHDR registration agreement).
• The Prehospital Medical Care Directive (DNR) must be printed on an orange background to be valid.

  Law: A.R.S. 36-3251

  Source: Attorney General Life Care Planning page

Changes in 2024–2026

Laws 2023, ch. 195, effective October 30, 2023, created supported decision-making agreements and changed guardianship and conservatorship procedures. Superior court filing fees changed effective December 28, 2024 (Arizona Supreme Court AO 2024-210). The Attorney General updated its Life Care Planning forms in 2026 (health care power of attorney updated 08/2026).

Law: SB 1291; A.R.S. 14-5721, 14-5722

Questions about powers of attorney in Arizona